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AI-4-86BEFORE THE BOARD OF ADJUSTMENT OF SPOKANE COUNTY, WASHINGTON IN THE MATTER OF REVIEWING THE ADMINISTRATIVE) ACTION OF THE SPOKANE COUNTY ZONING ) ADMINISTRATOR, IN A DETERMINATION OF THE ) FINDING & ORDER SPOKANE COUNTY ZONING ORDINANCE, SECTION ) 4.10.090; AI-4-86 ) THIS MATTER, Being the consideration by the Board of Adjustment of Spokane County, is an appeal of an administrative action by the Spokane County Zoning Administrator, who made an administrative determination in regards to the Spokane County -Zoning Ordinance, Section 4.10.090 Building Line Variations, hereinafter referred to as the "Administrative Determination", and the Board of Adjustment of Spokane County having held a public hearing on April 16, 1986, and having fully considered all testimony presented thereat, and having rendered a decision on the 16th day of April, 1986 overturning said adminis- trative determination, does hereby make the following: FINDINGS OF FACT 1. That the site, which necessitated the administrative determination, is generally located north of Trent Road, west of Bowman Road, east of Girard Road and south of an alley. It is more particularly described as Lots 7, 8, and 9 in Block 1 of Moore's Subdivision. Parcel number 12534-2707 and 2708. 2. That the site in question is zoned Commercial and is subject to development regulations contained in the Spokane County Zoning Ordinance. 3. That the appellant of the administrative determination, Commercial Architectural Glass (c/o Cecil Harmon), proposed to constructed a warehouse addition on the above described site, with a setback of 5 feet from the front property line (that being the site's south property line common to the north line of Trent Road right-of-way). 4. That the Commercial Zone of the Spokane County Zoning Ordinance, Section 4.10.080 (d) (1) requires a commercial building front yard setback of 35 feet from the front property line. However, Section 4.10.090 Buildin Line Variations allows for less of a setback when there is an establis a ui ding line, for commercial structures, closer than 35 feet to the front property line. The formula for calculating the established building line is as follows: 'The established building line shall be determined by the setback of sixty-five (65) percent of the lots two hundred (200) feet in each direction on the same side of the street in the same block as the proposed building.' 5. That by letter, dated February 21, 1986, the appellant requested an official administrative determination from the Spokane County Zoning Adminis- trator concerning Section 4.10.090 and its applicability to the site to allow a front yard setback of less than 35 feet. The letter details the appellants justification for an established building line on the site. 6. That the Spokane County Zoning Ordinance, particularly Section 4.22 and 4.25.030 (c), provides that the Spokane County Zoning Administrator is empowered to make official administrative determinations in regards to the Spokane County Zoning Ordinance. 7. That by letter, dated March 4, 1986, the Spokane County Zoning Admin- istrator, issued his determination of Section 4.10.090 and its applicability to the site. The Zoning Administrator's determination concluded that there SPOKANE COUNTY BOARD OF ADJUSTMENT FINDINGS AND ORDER FILE AI-4-86 PAGE 2 was not an established building line, closer than 35 feet to the front proper y line,,on the site per Section 4.10.090. His examination for an established building line focused on criteria of Section 4.10.090 which limited the search to the block where the proposed warehouse addition was located; that is, the north side of Trent Road between Bowman Road and Girard Road. Within that block is the appellants existing office building which has a setback of 3.5 feet the front property line. That building is west of and within 200 feet of the proposed warehouse addition; and therefore 100% of buildings to the west of the proposal had a setback of 3.5 feet. However, to the east of the proposed warehouse and within the confines of the block, there are no buildings and therefore no established building line. It could -not be found that 65% (a clear majority) of the lots within 200 feet in each direction of the proposed warehouse addition, on the same side of the street and within the same block, maintained a front yard setback of less than 35 feet. Because Section 4.10.090 directed a search in "each direction" of the proposed addition, the Zoning Administrator concluded that at least 2 existing structures would be necessary to establish a special build- ing line; that is, at least 1 structure to each side of the proposal. A single structure within a block could not establish a building line. The Zoning Administrator also found that the Spokane County Zoning Ordinance dis- courages the continuance of non -conforming setbacks. Section 4.18.020 Restoration of Non -Conforming Use - When Permitted states that non -conforming uses may be reconstructed, after accidental destruction, provided that current setbacks are maintained whether or not they were maintained prior to the destruction. 8. That the appellant, by letter dated March 7, 1986, appealed the Zoning Administrator's determination to the Board of Adjustment per Spokane County Zoning Ordinance, Section 4.25.030 (c). 9. That the described site, consisting of three lots or two tax parcels, appears to constitute an entire block in the ordinary meaning of the word. The site is bounded on three sides by public roads and on the fourth side by an alley. The width of this site, or block, along Trent Avenue is approxi- mately 168 feet. Other blocks in the area, to the east and west of the site, appear to be wider along the Trent Road frontage; generally ranging from 375 feet to 700 feet in width. 10. That other existing buildings to the east and west of the subject block have front yard setbacks less than the required 35 feet; buildings with setbacks of 6 feet and less were described. 11. That the non -conforming setbacks along Trent Road were caused by right-of-way acquisition and road widening that occured after the structures were built. 12. That the proposed warehouse addition will maintain a setback from the Bowman Road property line of approximately 30 feet which is in excess of the 20 feet required by the Spokane County Zoning Ordinance. Additionally, the addition will be outside of and must not block the clear -view triangle required by Section 4.17.040 at the northwest corner of Bowman Road and Trent Road. 13. That opposition to the warehouse addition and its 5 foot setback to Trent Road was expressed by neighbors. The main concern expressed was traffic hazards in the area caused by obscured sight distances. The existing office building currently obscures views at the Bowman Road and Girard Road inter- sections with Trent Road. Parking of vehicles on the public roads as well as deliveries to the business add to the sight distance problems. The addition of the new building will further inhibit views and thereby leading to increased traffic hazards. SPOKANE COUNTY BOARD OF ADJUSTMENT FINDINGS AND ORDER FILE AI-4-86 PAGE 3 14. That issuance of a building permit is contingent upon the proposal being in compliance with various requirements of the Spokane County Zoning Ordinance including setbacks, parking, use and signage provisions. 15. That the administrative determination and appeal are exempt from the State Environmental Policy Act. 16. That the proper legal requirements for advertising of the hearing before the Board of Adjustment of Spokane County have been met. From these foregoing Findings the Board of Adjustment of Spokane County comes to the following. CONCLUSIONS 1. That the action before the Board of Adjustment is a review of an administrative action by the Zoning Administrator in making a determination relative to Section 4.10.090 of the Spokane County Zoning Ordinance. The action before the Board of Adjustment is not a Variance. That action follows a different process, has different review criteria, and is site specific in is applicability. 2. That review for compliance with the parking standards of the Spokane County Zoning Ordinance is not within the jurisdiction of the Board in this review of an administrative action. Compliance with all County standards must be met and demonstrated during the building permit review process in order for a building permit to be issued. 3. That the proposed warehouse addition will meet or exceed the minimum flanking street setback requirement and the clear view triangle requirement along Bowman Road. These setbacks are intended to protect the public safety. 4. That the described site, or block, is unique due to its physical qualities such as single ownership, single use, existing structure setback of 3.5 feet from the front property line, and being bounded on four sides by public right-of-ways. Additionally, the block is best described as a 'short block' when compared to the longer block frontages in the area along Trent Road. 5. That the intent of Section 4.10.090 criteria was to limit the search area for an established building line to within 200 feet in each direction of a proposal in those blocks that have excessive frontages or widths; generally 500 feet or wider. That in 'short blocks' the intent of Section 4.10.090 is to look at whatever setbacks exist in that 'short block'. Additionally, an examination of setbacks on adjoining lots within 200 feet of the proposal in each direction, irregardless of 'short block' boundaries such as streets, must be made in establishing the building line intent for the adjoining 'short block'. 6. That blocks east and west of the site beyond Bowman Road and Girard Road, have established building lines closer than 35 feet to the front property line. 7. That due to the existing office building on the site and the building on the northeast corner of Bowman Road and Trent Road, both of which have non- conforming setbacks to the front property line, the proposed warehouse addition located between these two structures will not have any additional adverse impacts on sight distance or traffic views in the area. From the foregoing Findings and Conclusions, the Board of Adjustment of Spokane County hereby issues the following. SPOKANE COUNTY BOARD OF ADJUSTMENT FINDINGS AND ORDER FILE AI-4-86 PAGE 4 DECISION 1. That the administrative determination made by the Spokane County Zoning Administrator, in his letter dated March 4, 1986, in regards to the applicability of Section 4.10.090 to the described site is overturned and void. 2. That the established building line for the described site, or 'short block', is 3.5 feet from the front property line as shown on the site plan reviewed by the Board on April 16, 1986. Motion to grant appeal: Hamblin Second by: Cory Board Vote: 4 - 0 Dated This /Day Of April, 1986. 0058z/4-86 eve E COUNTY BOARD OF ADJUSTMENT ian Vice- hairman